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Keywords

trialmotiongrand jury

appealtrialgrand jury

Related Cases

Drye v. U.S., Not Reported in F.Supp.2d, 2012 WL 4048996

Facts

On November 17, 2010, a grand jury indicted Drye for abusive sexual contact and sexual assault in the first degree, stemming from an incident on January 30, 2010, in Hawaii Volcanoes National Park. The victim, J.S., reported that Drye sexually assaulted her while they were camping. Drye's statements to investigators varied, with him initially denying the assault but later admitting to inappropriate touching. After a trial, Drye was found guilty of abusive sexual contact and sentenced to twenty-one months in prison.

On November 17, 2010, a grand jury in the District of Hawaii returned a 2–count Indictment charging Drye with abusive sexual contact … Drye was found guilty of abusive sexual contact and sentenced to twenty-one months in prison.

Issue

Did Drye receive ineffective assistance of counsel, and were his constitutional rights violated during the trial?

Rule

To establish ineffective assistance of counsel, a petitioner must show that counsel's performance was deficient and that the deficiency prejudiced the defense, as outlined in Strickland v. Washington.

To prevail on an ineffective assistance claim, a § 2255 movant must show (1) that counsel's representation fell below an objective standard of reasonableness, and (2) that there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different.

Analysis

The court found that Drye's claims of ineffective assistance were conclusory and unsupported by specific facts. It noted that Drye was advised of his rights and the consequences of testifying, and that his decision to testify was a strategic choice made with the guidance of his counsel. The court concluded that Drye's counsel acted within the bounds of reasonable professional judgment.

The court found that Drye's claims of ineffective assistance were conclusory and unsupported by specific facts. … The court concluded that Drye's counsel acted within the bounds of reasonable professional judgment.

Conclusion

The court denied Drye's § 2255 motion, concluding that he failed to demonstrate any violation of his constitutional rights or ineffective assistance of counsel.

Based on the above, the court DENIES the Petition pursuant to 28 U.S.C. § 2255 to Vacate Sentence and Set Aside for a New Sentencing, and DENIES a certificate of appealability.

Who won?

The government prevailed in the case as the court denied Drye's petition, finding that his claims were without merit and that he received adequate legal representation.

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